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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
While under the general rule, an obligee is not a claimant under a payment bond, plaintiff raised the possibility that an exception to the general ruled applied and that the defendant bond company agreed to fulfill all a contractors obligations, including payment to subcontractors. The court denied defendants motion for summary judgment.
A township violated the law in failing to obtain a proper permit for the replacement of a pipe, but landowners failed to demonstrate how this caused them harm. The townships road construction activities did not otherwise violate state law or local ordinances.
The citys failure to respond to requests for admission conclusively established the fact that a police officer was acting within the scope of her employment when her vehicle struck and injured a pedestrian, so the court denied the citys motion for judgment notwithstanding the verdict.
The court granted a motion to suppress evidence obtained from a checkpoint stop where the commonwealth failed to demonstrate sufficient factual data to support a checkpoint at the site in question, and where the search was not a voluntary, consensual one.
Defendants former attorney could not avoid testifying in this domestic relations matter by submitting an affidavit in lieu of testifying upon being subpoenaed, particularly given the courts order limiting counsels testimony to protect the attorney-client relationship and any confidential communications. The court recommended affirmance of its order denying counsels motion to quash.
Since plaintiff did not have an ownership interest in the subject property at the time she purportedly executed an article of agreement for deed, which defendants offered as proof of a rent-to-own agreement, the court deemed the agreement void. The court granted plaintiffs petition to set aside the article of agreement.
An arresting office had a lawful basis to conduct a Terry frisk of defendant for the protection of officers or others nearby where the officer believed, from the totality of the circumstances, that defendant was involved in drug activity and also saw him make furtive motions suggestive of weapon possession.
Court awarded actual damages in the form of the license fee for unlawful interception of pay-per-view broadcast, where enhanced damages or a multiplier on actual damages was unwarranted given the deterrent effect of actual damages on defendant. Plaintiffs motion for default judgment granted.
The court ordered a judgment by confession stricken where the parties modified contract did not contain a new warrant-of-attorney provision or republish a prior one.
Counsels failure to file a post-trial motion did not qualify for nunc pro tunc relief, because no extraordinary circumstances existed and allowing such relief prejudiced the opposing party.